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Annual Report 2004-2005.Pdf LEGAL AID WESTERN AUSTRALIA ANNUAL REPORT 2004-2005 STATEMENT OF The Hon Jim McGinty MLA COMPLIANCE Attorney General In accordance with Section 66 of the Financial Administration and Audit Act 1985, we submit the Annual Report of Legal Aid Western Australia, covering the period 1 July 2004 to 30 June 2005. This report has been prepared in accordance with the provisions of the Financial Administration and Audit Act 1985. At the date of signing, we are not aware of any circumstances that would render the particulars in this Annual Report misleading or inaccurate. Malcolm McCusker QC Chairman George Turnbull Director CONTENTS Annual Report Artwork Profile 2 Section 1 At a Glance 3 Chairman’s Report 5 Director’s Report 6 Budget and Service Delivery Highlights Section 2 Highlights and Special Projects 11 Congratulations to our Chairman 12 Regional Expansion Project 13 Wheatbelt Outreach Service 14 Regional Community Initiatives 15 Legal Education Project 16 Profile: Annie Gray 17 Family Court Services 18 Improving Services for Aboriginals & Torres Strait Islander Peoples in W.A. 19 Department for Community Development 20 Administrative Appeals Tribunal Pilot 21 Social Security Project 21 Reflection from a Restricted Year Practitioner: Kate Parnell 22 Records Management 22 Grants Online 23 Volunteers 24 Working with Law Students 25 Section 3 Report on Operations 27 Criminal Law Services 28 Family Law Services 30 Civil Law Services 32 Client Services 33 Regional Services 34 Domestic Violence Legal Unit 36 Child Support Legal Unit 37 Alternative Dispute Resolution Unit 38 Community Legal Centre Funding 39 Special Funding 39 Development Services 40 Assignments 42 Information Management Services 43 Section 4 Our Employees 45 Section 5 Corporate Governance 51 Section 6 Compliance 57 Section 7 Statistical Summary 67 Section 8 Performance Indicators 73 1 Section 9 Financial Statements 81 Contact Details 112 Legal Aid WA is pleased to present throughout this year’s Annual Report a number of artworks depicting regional themes. About the Artist Jacqueline Kennaugh has always loved nature. As a child raised in the English countryside, she enjoyed interpreting what she saw into drawings and paintings. When a wonderful school art teacher introduced her to oil paints, her love affair with the creative process really began. Jacqueline studied in England and began to exhibit and sell her work. On moving to Australia in 1968 she attended Tech in Melbourne, the Victorian Art Society and Cheltenham Art Group. She exhibited in Victoria and New South Wales, winning awards including the Herald Sun Award. In 1976 she moved to Perth and had two successful solo exhibitions. She then took time out from painting to concentrate on raising her family and work responsibilities. In 2001, Jacqueline retired from business and returned to painting with new vibrance and enthusiasm. Since then, she has held three solo exhibitions and has exhibited with the Melville Council for nine months as their invited artist. Jaccqueline is now an active member of Bayswater Art Society, friend of Ellis House Community Art Centre and has exhibited in various group exhibitions, cafes and restaurants. She loves to experiment with various mediums and techniques enjoying both representational and abstract styles. Jacqueline believes that her journey as an artist is very much a work in progress. 2 SECTION 1 AT A GLANCE 3 CHAIRMAN’S REPORT I have pleasure in presenting the Legal Aid One of the key areas on which the Commission Commission’s Annual Report for 2004/2005. The has focused this year was the establishment of Report provides an accurate, informative, and (I an extensive Family Court Duty Lawyer service. believe) interesting overview of Legal Aid WA’s Commission staff, together with Family Court performance during the year, noting its judicial officers, counseling and administrative objectives, key achievements, and the major staff, have worked in close and harmonious co- services provided. operation to provide this valuable service to people appearing in the Family Court who are The Legal Aid Commission continues to play a without legal representation. This has not only very significant role in the administration of benefited individual litigants but, I am assured, justice in Western Australia. The Director and has greatly assisted the Family Court and officers of the Commission have regular produced greater efficiencies within the Court discussions with other key participants in the system. It is a most gratifying illustration of the justice system, with a view to improving way that the Commission works in a co-operative efficiencies and providing the public with greater manner with other parties involved in the justice access to justice. It is particularly pleasing to system, for the public benefit. note that the Commission and The Law Society of W.A. continue to have a close and co- During the course of this year, and following operative professional relationship. The helpful discussions and negotiations, the Commission is always mindful that it could not Commission has signed a new four-year funding function properly without the support of the agreement with the Commonwealth, giving the private profession, who provide their services for Commission an effective 15% funds increase and Legal Aid at a substantially reduced rate; and an improved share of Commonwealth funding. that one of the Commission’s statutory duties is The Commission is constantly searching for new to liaise with professional bodies, such as The ways to make each dollar go farther, as the Law Society, in order to facilitate the use of demand for services continues to exceed services provided by private practitioners, in available funds. It is committed to maintaining and appropriate circumstances. improving legal assistance to those appearing on This year has been an extremely busy one, as a serious charges in Magistrates Courts throughout result of a very active legislative program by the WA. By the use of modern technology, such as State Government which has resulted in many the recently introduced electronic lodgment of substantive and procedural changes which have applications for legal aid, the Commission aims to inevitably increased the workload of the reduce administrative and overhead costs, so as Commission and its staff, in accommodating to enable a greater proportion of its funds to be those changes. used for legal services and representation. The Commission is an independent statutory authority created by the Legal Aid Commission Act 1976, and is funded by both State and Commonwealth Governments. Independence in its decision making process is maintained by Legal Aid’s external review process of 4 applications for legal aid. Review Committees, consisting of two private practitioners with relevant expertise and a lay member from the community, volunteer their time and experience to make final determinations, where requested, on applications for aid. The voluntary contribution of their High priority has again been given to extending time and effort is greatly appreciated. The members of such the range of services available for Committees perform a very valuable task. disadvantaged groups, particularly in regional, In addition to providing direct legal assistance, the remote and rural areas. With the assistance of Commission develops and maintains a range of legal State Government funding, the Commission is resources to assist community agencies and members of the opening new regional offices in Albany and public generally. Web based materials, databases, kits and Geraldton, to service the Great Southern, Mid manuals and information sheets are produced and made West and Gascoyne regions. The Commission available by the Commission. They are frequently used, has also introduced a Mid West Outreach thereby assisting the public to a better understanding of their program with a focus on Northam and legal rights and obligations, and to help themselves, which in surrounding wheatbelt towns. In conjunction turn reduces some of the direct burden on the Commission with the community legal services sector the of providing legal assistance. Commission also obtained Commonwealth approval to apply surplus funds to establish a As part of its yearly Client Satisfaction Survey the video conference network throughout the Commission canvassed community legal centres to gauge Kimberley, Goldfields, Geraldton and Bunbury the usefulness of its online and print publications. The survey regions. indicated an 84% rate of satisfaction overall (up from 80% last year) which is a very gratifying result, and reflects well Legal Aid WA has completed another difficult on Commission staff. but successful year, responding to the challenge of balancing the high demand for its This year’s Client Satisfaction Survey also surveyed Legal Aid services with limited funds. The Director, Mr clients who had received assistance in a criminal matter. The George Turnbull, and all of the Commission’s overall satisfaction rate for such clients was 72.1%. Those staff are to be commended on this surveyed were particularly approving of the process of achievement, on their dedication to the applying for legal aid, 85% being satisfied that it was easy to objectives of the Legal Aid Commission, and make an application for legal aid, and 82% saying that Legal on the high degree of professionalism which Aid responded to applications promptly. The same they continue to display. percentage of such clients also said that it was easy to understand the information provided
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